- (1.) THE petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India with a limited prayer for release of his dumper bearing registration No. JH -02F -8939 as it was refused to be released by the Chief Judicial Magistrate, Chaibasa in connection with Nuamundi P.S. Case No. 13/07 for the alleged offence against the accusedunder Sections 414/1208 of the Indian Penal Code as also under Section 21 of the Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter referred as MMDR Act). The petitioner further prayed for quashing of the order dated 18.1.2008 passed by the Sessions Judge, Chaibasa in Cr. Revision No. 1 of 2008 upholding the order of the Chief Judicial Magistrate aforesaid.
(2.) THOUGH the petitioner has prayed in the petition also for the quashment of the entire investigation but the same has not been pressed and, it is rejected as not pressed. The prosecution story in short was that the Officer Incharge of Nuamundi police station on secret information intercepted the aforesaid Dumper of the petitioner on 13.3.2007 which was carrying about 8 tons of Iron Ore and was seized in presence of the independent witnesses to which seizure list was prepared. It was further alleged that the driver and cleaner of the dumper escaped at the sight of the police raiding party. However, it was gathered from the witnesses that the other persons, who had escaped from the Dumper, were Sudhendu Singh and one Parbez both of village Nuamundi doing smuggling of Iron Ores illegally and accordingly, after seizure of the dumper with the iron ores in question F.I.R. was instituted against the driver and the owner of the dumper and Sudhendu Singh and Parbez for the offence under Sections 414/ 1208 IPC as also under Section 21 of the MM(DR) Act.
(3.) HEARD the learned counsel on behalf of the petitioner as well as Mr. R.R. Mishra, G.P. -II on behalf of the Respondent -State.;